Legal Insights for the Insured

Category Archives: Claims Management

Five Ways to Prepare for Business Interruption and Property Damage Insurance Claims in a Natural Disaster

The extraordinary images and reports of the devastation from Hurricane Harvey have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business partners who may be personally affected by this disaster, its impact will extend far beyond those whose lives and businesses were … Continue Reading

Calling a Letter a “Reservation of Rights” Does Not Necessarily Make It So

By Nathan Lander on September 15, 2014 Posted in Claims Management

Many insurers are in the habit of sending perfunctory “reservation of rights” letters to their insureds throughout the lifetime of a claim. The reason they do so is not a very well-guarded secret in the insurance industry. An insurer that acknowledges coverage must pay any eventual settlement or judgment, while an insurer that denies coverage … Continue Reading

New York’s High Court Finds Contractual Limitation Period Unenforceable, Where it Places Policyholder in Impossible Catch-22 Situation

By Nathan Lander on August 19, 2014 Posted in Claims Management

How is a policyholder supposed to obtain coverage under a policy that requires the insured to bring its claim within two years of the loss and also imposes preconditions on bringing a claim that cannot reasonably be satisfied within two years? Recognizing the fundamental unfairness of such inconsistent policy provisions, the New York Court of … Continue Reading

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